SUBLETTING

Tenant Willfully Overcharged Subtenant But Without Illusory Tenancy

May 23, 2016    

Subtenant claimed that she was overcharged by rent-stabilized tenant and that she was entitled to a lease in her own name based on illusory tenancy. The DRO ruled for subtenant in part and ordered tenant to refund $...

Trial Needed on Landlord’s Claim of Airbnb Sublet Profiteering

April 19, 2016    

Landlord sued to evict rent-stabilized tenant for illegal sublet profiteering and asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. Landlord claimed that...

Eviction Proceeding Improperly Dismissed

March 17, 2016    

Landlord sued to evict tenant for illegal subletting. The court denied landlord’s request for a default judgment against tenant and granted the subtenant’s request to dismiss the case. Landlord appealed...

Claim That Tenant Illegally Sublet Apartment Was Too Vague

January 19, 2016    

Landlord sued to evict Section 8 tenant for illegal sublet or assignment of her apartment to “John Doe” or “Jane Doe.” Tenant claimed that landlord’s notice to cure and termination...

Appeals Court Upholds Tenant’s Eviction for Short-Term Rental Profiteering

January 19, 2016    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Landlord Can Evict Rent-Stabilized Tenant After More Than 100 Short-Term Airbnb Rentals

October 20, 2015    

Landlord sued to evict rent-stabilized tenant for profiteering. Landlord claimed that tenant engaged in short-term rentals that she advertised online. Tenant had lived in the three-bedroom apartment since 1995 and...

Post-Judgment 10-Day Cure Doesn’t Apply to Illegal Sublet

September 19, 2015    

Landlord sued to evict cooperative shareholder tenant for illegally subletting her apartment. The court ruled for landlord but delayed eviction to give tenant 10 days to cure the sublet by commencing a proceeding to...

No Proof Subtenants Lived in Apartment with Tenant

July 24, 2015    

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant asked the court to dismiss the case without a trial, claiming that he lived in the apartment with his children and never assigned or sublet...

Tenant Illegally Sublet Apartment

July 23, 2015    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord claimed that tenant and his family lived in another rent-stabilized apartment while subletting landlord’s apartment to an...

Landlord Can Evict Tenants for Short-Term Rental Profiteering

May 13, 2015    

(Decision submitted by Steven Sidrane of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane LLP, attorneys for the landlord.)

Tenant Claims No Illegal Sublet or Profiteering

April 18, 2015    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting and profiteering. The court ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. Tenant's...

Tenant Used Apartment for Short-Term Rentals

March 17, 2015    

(Decision submitted by Jeffrey H. Seiden of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Landlord sued to evict rent-stabilized...